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As a result of this distinction, nearly all textualists reject strict constructionism in this sense. Supreme Court justice Antonin Scalia, a major proponent of textualism, said that "no one ought to be" a strict constructionist, because the most literal interpretation meaning of a text can conflict with the commonly-understood or original ...
The territory acquired from the Louisiana Purchase, superimposed on a map of the contiguous United States.. Jefferson positioned himself as a strict constructionist regarding the United States Constitution, a view which argued for a strict, exact-word interpretation of the law; [15] this position, however, meant that purchasing Louisiana from France (as Jefferson did) would be potentially ...
A text must necessarily be thought of as incomplete, indeed as missing something crucial that provides the mechanics of understanding. The text is always partially hidden; one word for the hidden part in literary theory is the subtext. [7] The concept of the text in structuralism requires a relatively simple relationship between language and ...
Strict consistency is when claims are connected in such a fashion that one statement follows from another. Formal logic and mathematical rules are examples of rigorous consistency. An example would be: if all As are Bs and all Bs are Cs, then all As are Cs. While this standard is of high value, it is limited.
Constructionism may refer to Constructionism (learning theory), an educational philosophy developed by Seymour Papert; Social constructionism, a theory of how social phenomena or objects of consciousness develop in social contexts; Strict constructionism, a conservative type of legal or constitutional interpretation
Supreme Court Justice Elena Kagan, a frequent critic of conservative originalism, argues that some aspects of the constitution were intentionally broad and vague to allow for future generations to interpret them along with the times. [40] Michael Waldman argues that originalism is a new concept, and not one espoused by the founders. [41]
The interpretation of the Canadian Charter of Rights and Freedoms also makes use of the living tree doctrine. Chief Justice Antonio Lamer stated in Re B.C. Motor Vehicle Act, "If the newly planted 'living tree' which is the Charter is to have the possibility of growth and adjustment over time, care must be taken to ensure that historical materials, such as the Minutes of Proceedings and ...
Unlike the componential model, construction grammar denies any strict distinction between the two and proposes a syntax–lexicon continuum. [20] The argument goes that words and complex constructions are both pairs of form and meaning and differ only in internal symbolic complexity.